Takhmina Arabova participated in the conference held by Kommersant Publishing House

23 September 2022
Author: Takhmina Arabova
Mass media: Kommersant

On September 23, 2022, Kommersant Publishing House, together with several law firms, including Bartolius Law Office, held the conference named “Taxes-2022”, with an additional special session on legal work in the sanction reality.

Leading Russian experts, in-house lawyers, officials, and consultants discussed the hottest issues in the tax sphere and sanctions: the specifics of the work of international institutions, tax, criminal, corporate law, as well as business relocation issues, the latest judicial practice and interaction between government agencies and companies under sanctions restrictions.

Partner of Bartolius Law Office, Takhmina Arabova, delivered a report “The fate of western business in Russia.”

During the report, the expert noted: “The introduction of restrictions and the withdrawal of foreign counterparties led to the emergence of several problems for domestic companies. In Russian commercial courts, there are still not so many cases considered and verified by higher authorities on claims against foreign companies in connection with their refusal to continue business relations with Russia, but certain trends are noticeable.

Russian companies seek to overcome prorogation/arbitration agreements that involve resolving the dispute in a foreign jurisdiction. The courts are quite loyal to this and recognize their exclusive competence in such cases (Article 248.1 of the Arbitrazh Procedure Code of the Russian Federation): the use of restrictive measures creates obstacles for the Russian side in access to justice, because of which the dispute can be transferred to the jurisdiction of Russian arbitration courts.

In such cases, it is easier for courts to take interim measures against companies with roots in foreign jurisdictions. Foreign origin and the announcement of the refusal of contractual relations with a Russian partner, the suspension / termination of work in Russia are often perceived by the courts as sufficient evidence that the execution of a judicial act may be difficult.”

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